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[Anonymous]

Two apartments in our block are meant to be studios, but have installed internal staircases down to the ground floor (apparently during the renovation of the building with the builders knowledge) and have “exclusive use” of the common areas (used to be shared laundries but now an extra large bedroom each) and out onto the garden, giving them an internal space bigger than even the 1 bedroom units in the building. Yet they pay the same strata fees as the studios. One of the units is rented out and the owner can get more rent than the 1 bedroom units in the block. It doesn’t seem fair that they can make money out of common areas which we all own and yet pay the lowest strata fees in the building. Is there some way for the unit entitlement to be reviewed to take into consideration the increased area they have, are they able to pay a “voluntary levy” for use of this space, or can they buy the common area space off the building so it is theirs once and for all? Kind Regards, Studio owner

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[Anonymous]

Greedy, dishonest people! They would have needed a Special Resolution approved at a General Meeting of the Owners Corporation to do this (75% in favour or not more than 25% of attendee owners voting against). Unless they have done this, and it doesn't sound like they have, begin mediation via the Office of Fair Trading and aim to get them out, or have them buy the Common Property they have grabbed for themselves at a fair market price. And yes, if they buy the spaces their Lot entitlements will go up and they'll have to pay higher fees. The fees will all be back-dated, of course.

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[Jimmy-T]

Jim’s right on the money. Even if they had held a meeting and got the 75 percent, they’d still have to compensate the Owners Corporation under a formula established in the Supreme Court AND they should have the Unit Entitlements altered to reflect their increased property size. Make the call to Fair Trading 13 32 20.

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